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A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
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Testament
Kotrnochová, Tereza ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
V ANGLICKÉM JAZYCE The aim of my thesis was to carry out a detailed analysis of one of the most important institutions of the law of succession - testament. My secondary objective was to compare briefly the Czech legislation of testament with the legislation of Germany, which was one of the sources of inspiration for the Czech recodification works. Legislation of this institute after the adoption of the Civil Code significantly transformed and strengthened the testing freedom of the testator. Testament is one of the three forms of testamentary disposition that make it possible for the testator to decide how his property is going to be managed after his death. The first of the six chapters deals generally with law of succession, explains the key terms, concepts and important leading principles. Furthermore this chapter presents various prerequisites of inheritance and generally characterizes and defines the institute of testament. In the second chapter, I am aiming to outline the historical development of testament which roots can be tracked back to Roman law. In the following subchapters I am describing the legislation changes of this institution in our country with particular attention to the ABGB, another important source of inspiration, and also to the form of the institute in the period of...
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Testament
Borková, Martina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
in English Death as a natural legal fact relates to every natural person. Law of succession, which is a component of general private law, affects life of every individual. The reason of this is the fact that the property relations that do not terminate by a death of an individual or do not succeed by a special succession are to be solved by a usage of this branch of law regulations. The purpose of my work is to put Heritage law into a system of law, shortly describe all conditions for acquiring inheritance, one of which is a succession title. I concentrate on a problematic of Testament, which is one of the succession titles, by comparing relevant regulations of a Civil code no 40/1964 Sb. (hereinafter referred to as: "CC") and a new Civil code (hereinafter referred to as: "NCC") no 89/2012 Sb., coming into effect on 1st January 2014. The thesis is composed of seven chapters. Chapter one contains a short introduction of the topic while Chapter two and three contain a short insight into the problematic of the Law of succession in general and the basic terminology like Inheritance (Succession) and Heritage. Chapter four focuses on Conditions of acquiring inheritance and it is subdivided into four parts, each of which describing one of such conditions - death of a person, existence of heritage,...
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Legal regulation of testamentary succession in the Czech republic and Italy
Mašková, Daniela ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Legal regulation of testamentary succession in the Czech republic and Italy The transmission by inheritance is connected, as the law of succession in general, to death of a natural person. The testamentary succession in particular is conditioned by the existence of the last will created by the testator. The purpose of my thesis is to analyse and compare the legal regulation of testamentary succession in the Czech republic and Italy. In this thesis I'm trying to point out on one side on the similarity of those regulations and on other side on their differences. The thesis is divided into introduction, seven chapters and conclusion. The first chapter defines the testamentary succession as one of legal titles of inherit. The second chapter deals with the last will in general, in particular with the testamentary capacity of testator, content of the last will, forms of testament, substitution of successors and revocation of the last will. The third chapter describes contracts of succession in general as another kind of title of succession beside law and last will. It is subdivided into four parts. The first one is dedicated to the theory created by Italian jurisprudence of acts "inter vivos, post mortem", the second one donation mortis causa and the third part focuses on the Italian particular form...
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Testate succession
Pecha, Martin ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The law of succession is a branch of civil law that deals with devolution of property rights and duties of a decedent to his heirs. The new Civil Code that came into force in 2014 brought considerable changes in the field of the law of succession. Finally, the legal regulation pays proper attention to the law of succession and testate succession. After more than sixty years, there were restored legal institutions such as Clauses of lesser importance in a testament (condition, determination of time or a mandate), inheritance contract, privileged wills, legacy, vulgar substitution or fideicommissum. Not only because of these institutions can a testator finally organize freely and according to his own will his property situation mortis causa. The purpose of my diploma thesis is to analyze the testate succession according to the Czech Civil code that became effective on the 1st of January 2014. The thesis is divided into two parts. The first part is split into five chapters that deal with individual prerequisites of succession. The prerequisites of succession are as follows: the death of a testator, the existence of a decedent's estate, the capacity of an heir to inherit, the legal ground of succession and the acceptance/non-refusal of inheritance. Meeting all prerequisites of succession is crucial to...
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Testamentary disposition - recent legal regulation and regulation in the new Civil Code
Šafářová, Ivana ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
Testamentary disposition - recent legal regulation and regulation in the new Civil Code The theme of this thesis are testamentary dispositions, therefor such legal acts, by which the testator still during his lifetime decides how to be loaded with his property after his death and who then become his heirs. My main purpose in writing this thesis was to try to compare the current legislation (Act No. 40/1964 Coll.) with the legislation, which brings the new Civil Code (Act No. 89/2012 Coll. effective from 1.1.2014). The text of the thesis consists of eight sections, i.e. introduction, six chapters and final summary. Introduction acquaints the reader with the regulation of the succession law, presents the heritage titles, and brings the general characteristics of the testamentary disposition. The following four chapters are devoted above all to the regulation of the will as a traditional institute, which is used for the acquisition of the inheritance, and they focus on the testator, formalities and essentials of the will, and its cancellation. In these chapters is then included also the issue of the interpretation of a will, her custody and mentioned is also the institute of the heritage administrator. The sixth chapter is devoted to the inheritance contract, i.e. to the institute that the new Civil...
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Testament
Hamerská, Vladimíra ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This work deals with the testament. It applies to its historical evolution (beginning in the times of the ancient Roman law), contemporary legal rules and also prepared s ignificant legal changes. The work divides the types of testaments, describes the possibilities of its change or cancellation and goes into the legal institute of disinheritance in detail. The final part of this work is dedicated to the overview of chosen foreign legal rules regarding the testament.
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The will of the testator under the new Civil Code
Valešová, Nina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The subject of my diploma thesis is to show in detail and describe the basic institutes of inheritance with regards to the autonomous will of the testator, according to the Civic Code after the recodification in force since 1.1.2014. With regards to significant and extensive changes of the means, with which the testator can manage the treatment of the inheritance mortis causa, I considered this subject relevant and that is why I chose it. I tried to supplant a wholesome view of the possibilities open to testators in case they decide to change the division of their property out of the lawful hereditary succession. The thesis is divided into six chapters that contain the history of inheritance in our country, basic terms, reasons for the creation of the current codex, institutes governing the transition of the estate to the legal successor and the largest part explains the inheritance titles according to the changes brought about by the alteration of the civil law. In the first part of the text, I describe the historical development and basis of inheritance laws in the period since the last decade of the reign of the Habsburg dynasty, until the adoption of the Civic Code in 2012, since it is valuable to have at least some idea about the circumstances leading to the current way of inheritance. The...
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Testament
Šťastná, Jana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Testament Abstract The aim of this thesis was to provide a comprehensive analysis of the testament, one of the most important institutes of inheritance law. Act No. 89/2012 Coll., the New Civil Code, focuses on strengthening testamentary freedom, which permits the testator to decide, how his property is disposed of upon his death. This work is divided into three chapters. Chapter one brings general and comprehensive overview of legislation on inheritance law, notably with respect that inheritance law is part of to the private law. Attention has been paid to principles on which the law is based on. The work then defines the other two inheritance titles, i.e. heritage contract and intestate succession, and compares them with the "will". Second chapter, which is main theme of this master's thesis, outline discusses about the institute of last will, including obligatory and optional elements of testament, permissible forms of will, clauses, legatum and revocation the testament, while briefly considering some institutes more closely in the light of the current legislation. Finally, the paper examines Polish inheritance law, with an eye towards field of testate succession and explains the nuances within both systems. It sets out the fundamental differences. On the other hand points out the similarities, even...
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Hereditary Titles -Legal Regulation in the Czech Republic and in France
Váchová, Aneta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Hereditary Titles - Legal Regulation in the Czech Republic and in France Aim of this thesis is to present legal regulation of hereditary titles in the Czech Republic and in France. Within five chapter, the thesis provides analysis of the current legal framework of the particular hereditary titles in the Czech and French jurisdiction. Each hereditary title, which is a legal reason for inheritance, is presented in a separate chapter. Each chapter is then - for clarity reasons - further divided into subsections: firstly stating the Czech legal framework, followed by the French one. For easier understanding of the topic, the first chapter is dedicated to introduction into inheritance law and is followed by presenting the particular requirements of inheritance, which are conditions for realization of inheritance law. Second chapter talks about the inheritance contract and shows its legal regulation in the Czech Republic. Besides the general provisions, it also discusses the specific regulation of inheritance contract concluded between spouses. In connection to that, the French regulation of inheritance contract is displayed, whose state is set into the historical context. Third chapter is focused on introducing into the problematic of testament, legal requirements for its obtaining as well as legal...
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